[R.O. 2006 §205.100; Ord. No. 667 §1, 11-21-1983; Ord. No. 1436 §1, 11-19-1990; Ord. No. 1911 §1, 11-20-1995; Ord. No. 2092 §1, 9-15-1997]
The following are declared to be nuisances affecting health:
All decayed or unwholesome food offered for sale to the public, or offered to the public at no charge.
All diseased animals running at large.
All ponds or pools of stagnant water.
Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.
Accumulations, wheresoever they may occur, of manure, rubbish, garbage, refuse and human and industrial, noxious or offensive waste, except the normal storage on a farm of manure for agricultural purposes.
Privy vaults or garbage cans which are not fly-tight, that is, privy vaults or garbage cans which do not prevent the entry of flies, insects and rodents.
The pollution of any well, cistern, spring, underground water stream, lake, canal, or body of water by sewage or industrial wastes, or other substances harmful to human beings.
Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable quantities, or the presence of any gas, vapor, fume, smoke, dust or any other toxic substance on, in or emitted from the equipment of any premises in quantities sufficient to be toxic, harmful or injurious to the health of any employee or to any premises, occupant, or to any other person.
Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places where not properly sanitized after use.
Any vehicle used for septic tank cleaning which does not meet the requirements of this Chapter of the Code of Ordinances of the City of Fenton.
Any vehicle used for garbage or rubbish disposal which is not equipped with a watertight metal body and provided with a tight metal cover or covers and so constructed as to prevent any of the contents from leaking, spilling, falling or blowing out of such vehicle at any time, except while being loaded or not completely secured and covered so as to prevent offensive odors from escaping therefrom or exposing any part of the contents at any time.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
The keeping of animals in close proximity to residences, public or private buildings and other public places, except as permitted in Chapter 210.
[Ord. No. 3459 §1, 8-28-2014]
Unlicensed dumps, and licensed dumps not operated or maintained in compliance with the ordinances of the City of Fenton and the Statutes of the State of Missouri.
No person shall discharge or cause to be discharged into a stormwater system any waste materials, liquids, vapor, fat, gasoline, benzene, naphtha, oil or petroleum product, mud, straw, lawn clippings, tree limbs or branches, metal or plastic objects, rags, garbage or any other substance which is capable of causing an obstruction to the flow of the storm system or interfere with the proper operation of the system, or which will pollute the natural creeks or waterways.
All other acts, practices, conduct, business, occupation callings, trades, uses of property and all other things detrimental or certain to be detrimental to the health of the inhabitants of the City of Fenton.
Unlawful To Cause, Maintain Within One-Half Mile Of City. It is unlawful for any owner, lessee or occupant, or any agent, servant, representative or employee of any such owner, lessee or occupant, having control of any occupied lot or land or any part thereof in the City of Fenton, or within one-half (½) mile of the corporate limits of the City of Fenton, Missouri, to cause, permit or maintain a nuisance on any such lot or land. Additionally, it is unlawful for any person or his or her agent, servant, representative or employee to cause, or maintain a nuisance on the land or property of another, with or without permission. Each day that a nuisance shall be maintained is a separate offense.
Authority To Abate Emergency Cases. In cases where it reasonably appears that there is an immediate danger to the health, safety or welfare of the public, due to the existence of a nuisance the Mayor or his/her designate shall have the authority to order the immediate abatement of the nuisance in an appropriate manner.
Abatement — Procedure Generally. Whenever the Board of Aldermen receives notification that a nuisance may exist, it shall proceed as follows:
It shall investigate the same. The Board may order any person who has caused or is maintaining the nuisance to appear before the Board at such time and place as the Board may direct to show cause, if any, why that person should not abate the nuisance. Every person required to appear before the Board shall have at least ten (10) days' notice thereof.
Such notice shall be signed by the City Administrator or his/her duly authorized agent and shall be served upon that person by delivering a copy thereof to the person, or by leaving a copy at his/her residence with some member of the family or household over fifteen (15) years of age, or upon any corporation by delivering the copy thereof to the president or to any other officer at any business office of the corporation within the City. If the notice cannot be given for the reason that the person named in the notice or his/her agent cannot be found in the City, of which fact the return upon such notice of the City Administrator or his/her duly authorized agent serving the same shall be conclusive evidence, such notice shall be published in a daily newspaper for three (3) consecutive days, if a daily, or once if a weekly paper, giving at least ten (10) days' notice from the final publication date of the time fixed for the parties to appear before the Board.
If after hearing all the evidence the Board of Aldermen determines that a nuisance exists, it may direct the City Administrator or his/her duly authorized agent to order the person to abate the nuisance within twenty (20) days or within other time as the Board may deem reasonable. Such order shall be served in the manner provided in this Section for service of the order to show cause. The order may further provide that the appropriate City Official be directed to abate the nuisance if the order is not obeyed within the time period set by the Board, and that a special tax bill be issued for the costs of abating the nuisance.
If the order has not been obeyed within the time period set by the Board, the appropriate City Official shall proceed to abate the nuisance in the manner provided by the order of the Board, and the cost of same, if ordered by the Board, may be assessed as a special tax against the property so improved or upon which such work was done; and, if so ordered, the City Clerk shall cause a special tax bill therefor against the owner thereof when known, and if not known then against the unknown persons, and the certified bills of such assessment shall describe therein the property upon which the work was done.
The bills for the above work shall be recorded and shall be collected and paid as provided for the collection of other special tax bills for the repairing of sidewalks or grading or paving of streets and shall be a lien on the property.
The cost of abating nuisances on private property shall be levied and assessed on each lot in proportion to the amount of work done and material used in abating the nuisance located on each such lot.
[R.O. 2006 §225.080; Ord. No. 1411 §1, 9-17-1990; Ord. No. 1629 §1, 9-21-1992; Ord. No. 2463 §3, 4-15-2002; Ord. No. 3212 §1, 8-25-2011]
No person shall cause or permit any weeds or rank vegetation growth to attain a height in excess of nine (9) inches upon any property within the City, except as provided in Subsection (B) of this Section. "Weeds" shall be defined as grasses, annual plants and vegetation other than trees or shrubs, provided however, this term shall not include cultivated flowers and gardens, agricultural acreage and natural growth areas of common grounds within parks and subdivisions.
Any owner of any lot, parcel of land or land of any other description in the City who shall cause or permit any weeds or rank vegetation growth to attain a height in excess of nine (9) inches upon any property in the City, who does not fall within the exception in Subsection (B) of this Section, shall be deemed to have committed a public nuisance.
With respect to any undeveloped property in excess of three (3) acres, this Section shall apply only to the portions of such property which are located within one hundred (100) feet of any street right-of-way or within one hundred (100) feet of any adjoining property.
All weeds or rank vegetation growth, when cut down, shall be removed and disposed of in such a manner as not to create a nuisance.
Whenever weeds or rank vegetation growth is allowed to grow on any portion of any property in violation of this Section, the Director of Community Development or his or her designated agent shall:
Give a hearing after four (4) days' written notice either personally served on or sent by United States mail to the owner(s) or his/her/their agent(s), or by posting such notice on the property; and
If the evidence at such hearing supports such a finding, the Director shall declare the weeds or rank vegetation growth to be a nuisance and order the owner to cut down and remove the weeds or rank vegetation growth within five (5) business days of such hearing; and
If such weeds or rank vegetation growth is not cut down and removed within five (5) business days, have such weeds or rank vegetation growth cut down and removed immediately thereafter and certify the costs of such cutting and removal to the City Clerk, who shall cause a special tax bill to be issued for such costs against the property.
Any person aggrieved by a determination of the Director pursuant to Subsection (D)(2) above may appeal to the Board of Aldermen by filing a written notice of appeal with the City Clerk within five (5) business days of the Director's determination. The Board of Aldermen, acting in an Appeals Board capacity, may by a majority vote reverse or affirm, wholly or partly, or modify the decision appealed from. Failure to secure a majority vote shall be deemed an affirmation of the Director's decision.
Any person aggrieved by the decision of the Board of Aldermen pursuant to Subsection (E) above may seek judicial review of the decision in accordance with the provisions for judicial review of administrative decisions pursuant to Chapter 536, RSMo., by filing a petition for review in the Circuit Court for St. Louis County within ten (10) business days of the date of the Board's decision.
No appeal to the Board of Aldermen or to the Circuit Court shall stay the cutting of the lot by the City and the issuance of a special tax bill hereunder, absent a court order staying such actions and the posting of an appropriate bond by the property owner(s).
As part of the costs of removing such weeds or rank vegetative growth, each special tax bill issued pursuant to this Section shall include a charge of twenty-five dollars ($25.00) to cover the costs of inspection, notice, hearing and the issuance of the tax bill.
The special tax bill provided for in this Section shall be collected by the City Clerk or other designated City Official with other taxes assessed against the property. The tax bill, from the date of its issuance, shall be a first (1st) lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity, and no mere clerical error or informality in such tax bill or in the proceedings leading to its issuance shall be a defense thereto. Each special tax bill shall be issued by the City Clerk on or before the first (1st) day of June each year. Such tax bills, if not paid within thirty (30) days after issuance, shall bear interest at the rate of eight percent (8%) per annum. In the event a lawsuit is required to enforce such a tax bill, the City may be awarded its costs of collection, including attorneys' fees, by the court in accordance with Section 71.285, RSMo.
It shall be the duty of the Director of Community Development, whenever notified of the existence of weeds or rank vegetation growth in excess of nine (9) inches in height on any street or public place in the City, to have such weeds or rank vegetation growth cut down and removed.
If weeds or rank vegetation growth is allowed to grow on the same property in violation of Subsection (A) more than once during the same growing season, the Director of Community Development or other designated official may, without further notification to the property owner(s), have the weeds or rank vegetation growth removed and the costs of such removal be billed as a special tax bill against the property to be taxed and enforced as otherwise provided in this Section.
It shall be unlawful for any person or any officer, agent, or employee of any corporation within the City to cause or maintain weeds or rank vegetation growth in violation of Subsection (A), and it shall be unlawful for any person to fail or refuse to cut down and remove such weeds or rank vegetation growth within the time required and specified in the decision of the Director as provided in Subsection (D). Upon conviction, any person in violation of this Section shall be punished as provided in Section 100.060 of this Municipal Code, and every day such nuisance is maintained after the Director's decision shall constitute a separate and distinct offense.